8th edition

2018 Yearbook of Case Law

The 8th edition of the Yearbook of European Case Law on Industrial and Intellectual Property compiles 24 cases from 2018 involving trademarks, copyright, patents, designs, piracy, geographical indications, and personal data, accompanied by practical commentary.

About This Edition

The 8th edition of the Yearbook of European Case Law on Industrial and Intellectual Property compiles 24 cases from 2018 decided by the Court of Justice of the European Union, the European Court of Human Rights, the Spanish Supreme Court, the European Union Trademark Court, and various Provincial Courts. The publication maintains its practical approach to provide readers with the most relevant case law principles.

Among the selected topics are the Louboutin heel mark, the distinctiveness of Kit Kat, the protection of a food product’s flavor, supplementary protection certificates, technical function in designs, the concept of evocative character in geographical indications, and access to electronic data.

Each commentary follows the structure of “Facts,” “Rulings,” and “Commentary,” facilitating a systematic review of the dispute and its legal consequences.

The result is an overview of the evolution of European and Spanish case law on industrial and intellectual property during 2018.

Notable Rulings

Chapter 1

Brands

The descriptive nature of a mark applied for as a trademark that includes a geographical name and a descriptive term, even if the latter is part of the applicant’s corporate name.
The trademark owner’s right to oppose the parallel importation and sale within the EEA of products from which its trademark has been removed and replaced with a different one.
Geographical scope of the test for the acquisition of distinctiveness throughout the EU.

Chapter 2

The view that the flavor of a food product constitutes a “work” eligible for copyright protection is rejected.
Compensation in the event of file sharing that infringes copyright. Internet access available to the copyright holder's family members.
Posting on a website, without the copyright owner's authorization, a photograph that was previously published on another website.

Chapter 3

Patents

Supplementary protection certificates in the case of substances that are components of medical devices and that could, on their own, be considered a drug.
Invalidity of a European patent due to lack of inventive step.
The Supreme Court defines the criteria for interpreting claims in order to determine whether the product covered by a CCP is protected by the patent.

Chapter 4

Designs

Product features determined solely by their technical function in Community designs.

Chapter 5

Piracy

It is not possible to extend copyright protection outside the EU.

Chapter 6

Geographical Indications

The concept of evocativeness in a geographical indication.

Chapter 7

Personal Information

Access by public authorities to electronic data to identify the owners of SIM cards activated with a stolen cell phone: no restriction to serious crimes.

Chapter 8

The Use of Images Symbolizing the Catholic Faith in Advertising: Public Morality vs. Freedom of Expression.

Chapter 1	Brands	The descriptive nature of a mark applied for as a trademark that includes a geographical name and a descriptive term, even if the latter is part of the applicant’s corporate name. The trademark owner’s right to oppose the parallel importation and sale within the EEA of products from which its trademark has been removed and replaced with a different one. Geographical scope of the test for the acquisition of distinctiveness throughout the EU.
Chapter 2	Copyright	The view that the flavor of a food product constitutes a “work” eligible for copyright protection is rejected. Compensation in the event of file sharing that infringes copyright. Internet access available to the copyright holder's family members. Posting on a website, without the copyright owner's authorization, a photograph that was previously published on another website.
Chapter 3	Patents	Supplementary protection certificates in the case of substances that are components of medical devices and that could, on their own, be considered a drug. Invalidity of a European patent due to lack of inventive step. The Supreme Court defines the criteria for interpreting claims in order to determine whether the product covered by a CCP is protected by the patent.
Chapter 4	Designs	Product features determined solely by their technical function in Community designs.
Chapter 5	Piracy	It is not possible to extend copyright protection outside the EU.
Chapter 6	Geographical Indications	The concept of evocativeness in a geographical indication.
Chapter 7	Personal Information	Access by public authorities to electronic data to identify the owners of SIM cards activated with a stolen cell phone: no restriction to serious crimes.
Chapter 8	Advertisement	The Use of Images Symbolizing the Catholic Faith in Advertising: Public Morality vs. Freedom of Expression.